…of third-party funding of investor-state arbitration pushing up the costs and the increasing tendency of amicus briefs leading investor-state arbitration to be more confrontational and non-confidential. The adverse impact of…
…corresponding Danish equivalent subject to prevailing exchange rates rather than the reverse. Security for Costs Article 6 contains new provisions with respect to the cash deposit made as security for…
…of Investments between the Kingdom of The Netherlands and Romania (the “BIT”) to provide its investment in Rompetrol Rafinare SA (“RRC”) fair and equitable treatment, full protection and security and…
…the practitioners, academics, or arbitrators, and the less uniform the legal regimes are, the higher the “transactional costs” are likely to be for those users. What follows is a list…
“America’s important security alliances across the Pacific need an economic underpinning.” Ambassador Robert Zoellick, May 1, 2013 To use one of the Obama Administration’s favorite terms, the entry of Japan…
…binding arbitration, including, but not limited to, the allocation of costs relating to any arbitration and the process for selection of the Arbitrator, shall be governed by the UNCITRAL Model…
…12(5) and 20 of Singapore’s International Arbitration Act made in 2012. Costs A new addition to Rule 30.2 permits the Registrar to fix separate advances on arbitration costs for claims…
…Merial’s patents on grounds of insufficiency. The CA also dismissed Merial’s appeal against an order to pay 40% of Omnipharm’s costs and awarded costs to Merial in relation to applications…
…short-term power costs which market agents must face and cope with, which is thus a risk confined to the power sector, (iii) long-term power purchase agreements are used by market…
…business representatives chosen by companies sourcing from Bangladesh, and one member mutually chosen by the other eight. Corporations that sign on to the MOU would help fund the costs of…
…by the Dutch Ministry of Justice and Security in March 2012. The contents of the consultation have been discussed here. The introduction of institutional challenge proceedings will be applauded by…
…costs on a “party and party” basis. The Bill will be introduced to Hong Kong’s Legislative Council on 24 April, and it is hoped the amended legislation will come into…
…Cate, “The Costs of Consistency: Precedent in Investment Treaty Arbitration” on decisional burdens). The duty is not one of result (adopting the solution) in a consistent line of cases. The…
…to arbitration, and TCL counter-claimed. In December 2010, the Tribunal awarded Castel $3.67 million in damages and $732,500 in costs (“the Awards”). TCL was also awarded almost $200,000 for its…
…achieved, some large companies—perhaps as many as half the Fortune 1,000—then want to try their commercial cases in court despite the well-known costs and risks, if only because of the…
…(see ICC Case No. 5277/RP/BGD), one preliminary award in relation to a discrete finding of fact, a final award on the merits and an award on costs. In the final…
…with respect to the provision of security, has not been complied with; and (ii) the interim measure has been revoked or suspended; and (b) if the State court finds that…
In recent years, African states have taken several initiatives to increase the protection of and legal security offered to foreign investors. However, a lot of work is unfinished and some…
…caselaw to the effect that, where a party unsuccessfully applies to set aside an Award, it should in principle expect to pay costs on a higher basis than normal, because…
…Security Council Resolution 1929, the claim against Rosboronexport constitutes an attempt to overcome the UN embargo that has been prompted by Iran’s failure to observe previous Security Council Resolutions. Because…
…the Government and the Parliament in relation to investments that are considered to affect the security, economic, environmental and social interests of the country. Investments may basically be carried out…
…reasons. First, it and the dissent in the Second Circuit urge that while high costs might implicate the doctrine, they must be arbitration-specific, such as filing fees, arbitrators’ costs, and…
…of a case creates an incentive for governments to concede to investor demands to avoid costs. Another, more fundamental legal concern with the ISDR regime is that it empowers foreign…
…staggering costs of launching a lawsuit mitigate against frivolous actions, with the investor putting “a fair amount of money at risk”. No doubt the legal costs of investment arbitration are…
